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Citation
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Judgment date
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| February 2026 |
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27 February 2026 |
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20 February 2026 |
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An Ombudsman may investigate anonymous whistle‑blower complaints and lawfully construe statutory qualification requirements in recruitment.
Ombudsman jurisdiction – anonymous complaints and whistle‑blower protection (s12A); maladministration in public recruitment; statutory interpretation of qualifications (s6(5) Corrupt Practices Act); separation of powers and administrative oversight.
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16 February 2026 |
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Whether the Chief Secretary lawfully seconded senior military officers — judicial review, s43 fairness and Public Service Act deployment rules.
Judicial review — amenability of executive actions; administrative justice — s43 right to lawful and procedurally fair administrative action and reasons; ultra vires and Wednesbury unreasonableness — Public Service Act (s10) deployment requirements; separation of powers — High Court jurisdiction under s108(2); duty of candour in judicial review.
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12 February 2026 |
| January 2026 |
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High Court remitted a medical disciplinary case for fresh inquiry due to an incomplete and inadequate record.
Medical disciplinary proceedings — statutory requirement to record proceedings and reasons (s48(5) Medical Practitioners and Dentists Act) — incomplete/inconsistent record — adequacy of minutes vs verbatim record — appellate review limited by deficient record — referral for fresh inquiry — issues of informed consent, negligence and gross incompetence considered but not determined on merits.
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29 January 2026 |
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8 January 2026 |
| December 2025 |
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The claimant’s late-registered lease was void; earlier registered lease prevails and the trespass claim is dismissed.
Deeds Registration Act – mandatory registration period; late registration renders instrument void – priority of registration under s.8
Trespass – possessory tort; possession ordinarily sufficient but yields to superior registered title. Nemo dat quod non habet – unregistered surrender ineffective; re-grant by minister invalid if prior lease subsists. Res judicata – default judicial review judgment not a merits-based bar; identity of parties and merits required
Limitation – bars affirmative claims but does not preclude defendants relying on historical title defensively
Relief – interlocutory injunction vacated; court-directed survey to demarcate customary land boundaries
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30 December 2025 |
| November 2025 |
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Post-declaration election petitions proceed under Section 101; technical defects in verification are curable and not necessarily fatal.
Election law – Procedure – Distinction between Sections 100 and 101 PPLGEA – Post-declaration petitions proceed under Section 101 – Verifying sworn statements and exhibits – Procedural defects curable under CPR, 2017 – Judicial review not mandatory for factual election disputes.
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7 November 2025 |
| October 2025 |
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A raped minor’s denial of abortion breached reproductive rights; law and guidelines require considering mental-health grounds for termination.
Gender Equality Act – right to sexual and reproductive health; Penal Code s243 – preservation of life includes mental health; vicarious liability of employer; duty to impart information; Minister’s duty to provide clear clinical guidance; Human Rights Commission enforcement obligations; access to lawful abortion for minors impregnated by sexual violence.
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28 October 2025 |
| September 2025 |
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Leave for judicial review dismissed for deficient drafting, but applicant granted liberty to refile with notice to respondent.
Judicial review — leave to apply — procedural and drafting deficiencies (typos, wrong citations, unclear arguments) — Order 19 CPR — dismissal with liberty to refile — notice to respondent.
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22 September 2025 |
| June 2025 |
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Court declared multiple constitutional breaches in a detained child’s treatment and ordered declarations, mandamus, compensation and costs.
Constitutional and child-protection law – detention of children – torture and cruel, inhuman or degrading treatment – right to be informed of rights on arrest – prompt notification of parent/guardian – separation from adult offenders – right to nutrition – entitlement to compensation and mandamus relief.
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19 June 2025 |
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An unwarned shot by a police officer killed an innocent bystander; the police service held vicariously liable, revenue authority not liable.
Police law – use of firearms – duty to give warning, proportionality, and duty to render medical assistance; vicarious liability of police service; revenue authority not vicariously liable; admissibility and limited weight of hearsay in postmortem remarks.
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19 June 2025 |
| May 2025 |
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Court exercised inherent jurisdiction to release a deteriorating vehicle from custody, imposing conditions to protect the applicant's claim.
Civil procedure — Inherent jurisdiction — Release of property in Court custody to prevent deterioration — Interim protective conditions to safeguard parties' substantive rights.
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28 May 2025 |
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The respondent's application for leave to appeal was denied because the High Court's review judgment remained inchoate pending assessment of terminal dues.
Administrative law — Appeals — Leave required for appeals from High Court judgments given on review under s123(2) of the Constitution and s21 of the Supreme Court of Appeal Act; inchoate judgments pending Registrar’s assessment; Ombudsman jurisdiction — anonymous complaints and locus standi; interpretation of constitutional provisions and binding precedent.
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22 May 2025 |
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An expired, unrenewed summons served outside the three‑month period is ineffectual and justified striking out the claim.
Civil procedure — validity and service of summons — Order 7 rule 25 (3‑month rule) — Irregularity and cure — Order 2 rules — renewal of summons — strike out — notice of change of legal practitioners not served — interlocutory application falls away.
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9 May 2025 |
| April 2025 |
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The High Court has no jurisdiction to enlarge the statutory 30‑day appeal period from the Industrial Relations Court.
Labour law — Appeals from Industrial Relations Court — Section 65(2) Labour Relations Act — thirty-day statutory appeal period — High Court lacks power to enlarge time — IRC (Procedure) Rules inapplicable in High Court.
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1 April 2025 |
| March 2025 |
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Oral preliminary objections are procedurally improper; such issues must be raised by formal application supported by affidavit.
Civil procedure — preliminary issues — must be raised by formal application supported by affidavit and skeleton arguments — oral preliminary objections improper — viva voce evidence from counsel inappropriate — improperly raised issue struck out with liberty to refile.
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25 March 2025 |
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Registrar’s total non-response to information requests on political party funding was unlawful and required written explanation; fee non-payment alone did not justify silence.
Access to information – political party funding – duty of Registrar to respond – constitutional right of access (s.37) – Political Parties Act s.36 – subsidiary fees and competence of requests – absence of regulations – judicial review of administrative non-response.
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12 March 2025 |
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High Court affirms unfair dismissal but reduces an IRC award, restricting boosting and interest in labour compensation.
Employment law – conversion of fixed-term to indefinite contract – unfair dismissal under sections 28 and 57 of the Employment Act; Labour compensation – judicial discretion under section 63(4) – limits on boosting, inflation adjustments and interest in labour awards; Civil procedure – compliance with pleadings and effect of failure to amend.
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12 March 2025 |
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Leave for judicial review of a Law Society disciplinary process was discharged as premature; disciplinary self-regulation aligns with procedural-fairness rights.
Administrative law – judicial review – permission to commence – prematurity of review before disciplinary hearing; Legal profession – self-regulation and disciplinary jurisdiction; Constitutional law – section 43 right to procedurally fair administrative action; Professional ethics – personal conduct on social media as conduct bringing profession into discredit.
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11 March 2025 |
| January 2025 |
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The Ombudsman lacked jurisdiction to investigate an anonymous complaint; resulting employment nullifications were set aside and benefits ordered.
Ombudsman jurisdiction — section 123(1) Constitution — anonymous complaints — requirement that a person who has suffered injustice lay complaint; judicial review of Ombudsman determinations; nullity of unlawful directives; compliance by public authority; reinstatement and terminal benefits; costs each party.
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31 January 2025 |
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Claim dismissed with costs for failure to comply with trial directions and an incompetent adjournment request.
Adjournment applications — competence and supporting evidence; failure to comply with trial directions; failure to prosecute; court’s discretion to grant adjournments; dismissal with costs.
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29 January 2025 |
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12 January 2025 |
| December 2024 |
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Whether recognising foreign law degrees with lower entry standards violates constitutional equality and education standards; referral to the Chief Justice.
Constitutional law — education standards — recognition of foreign qualifications — discrimination and equality (Sections 25, 13, 20) — NCHE and CLE powers — constitutional interpretation by registrars — Section 9(2) Courts Act referral to a panel of judges.
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6 December 2024 |
| November 2024 |
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Appeal dismissed for inordinate delay and failure to prosecute; missing-file excuse was unsubstantiated hearsay.
Civil procedure – dismissal for want of prosecution – Order III r.9 (record of appeal) – Practice Direction No 1 of 2010 (skeleton arguments) – missing court file allegation – hearsay – failure to prosecute – costs.
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29 November 2024 |
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Assistant Registrar recused from processing an admission petition after finding the petitioner’s grades may not meet constitutional and regulatory minimum education standards.
Legal education — admission to practice — assessment and recognition of foreign law degrees — requirement that private and foreign qualifications meet standards not inferior to public universities — constitutional s.25(3)(b) and regulatory minimum standards — recusal where court officer forms prejudicial views.
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26 November 2024 |
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High Court set aside magistrate’s judgment for lack of jurisdiction and ordered respondents to repay sums obtained; costs ordered against respondents’ counsel.
Civil procedure – Jurisdiction of subordinate courts – Cause of action arising in another district – Proceedings and judgments without jurisdiction are null and void – High Court power to set aside subordinate court judgments – Third-party debt/attachment orders – Costs and remedies against counsel.
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21 November 2024 |
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6 November 2024 |
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Court escalated the 1981 compensation for the applicant's compulsorily acquired land to MK20,000,000 and denied aggravated damages.
Land Acquisition Act (as in force at acquisition) – assessment of fair compensation – section 10 factors (consideration paid, improvements, appreciation) – valuation methodology and escalation of historic award – post-acquisition change of land use not to be used to increase historic compensation – aggravated/exemplary damages against State – requirements; loss-of-opportunity claim not entertained if unpleaded.
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5 November 2024 |
| October 2024 |
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Summary judgment refused because disputed facts and legal issues exist on premises owner status and dog-handler negligence.
Civil procedure – Summary judgment – Order 12 CPR – Realistic vs fanciful prospects; Premises liability – vicarious/statutory owner under Control and Diseases of Animals Act; Negligence of dog handler – triable issue; Failure to plead/support failure-to-warn allegation; Judgment on admission – requirements for written admissions.
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31 October 2024 |
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Court continued stay of execution pending appeal, dismissed disclosure application as otiose, and ordered parties to agree arrangements within 28 days.
Civil procedure – stay of execution pending appeal – discretion guided by interests of justice; disclosure/production of financial documents – otiose and irrelevant where stay already granted; interlocutory directions to agree arrangements.
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30 October 2024 |
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Registrar rejected duplicate originating proceedings as an abuse of process and improper filing at the wrong registry.
Registrar's power to reject documents — abuse of court process by duplicative filings (summons and judicial review) — improper forum/registry — Order 5 rules 10–13; Order 6 r9; Courts Act s3 and s6A(2).
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27 October 2024 |
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Whether requiring NRB-issued registration as proof for voter registration unlawfully restricts the applicant's right to vote.
Electoral law – Voter registration – Proof of eligibility – Section 12 Elections Act requiring NRB registration as proof – Franchise under section 77 Constitution – Interlocutory injunction – Separation of powers.
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25 October 2024 |
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An appeal can be struck out for inordinate delay where the appellant fails to ensure timely preparation of the record of appeal.
Civil procedure – Appeal – Want of prosecution – Delay in preparation of record of appeal – Duties of appellant and court under procedural rules – Inherent jurisdiction to strike out appeal – Suspension of enforcement vacated – Costs under s72 Labour Relations Act
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11 October 2024 |
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A summons signed by a firm rather than a named legal practitioner is a nullity and must be struck out.
Civil procedure — signature requirements for originating processes — Order 5 r3 & Order 7 r1(h) CPR; Legal Education and Legal Practitioners Act — definition of 'legal practitioner' as natural person on the Roll; firm name not a legal practitioner; originating process signed by firm is nullity and incurable.
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11 October 2024 |
| September 2024 |
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Applicant granted leave to appeal out of time; time enlarged seven days; no order for costs.
Civil procedure – leave to appeal out of time – enlargement of time – requirement of good and substantial reasons – prima facie merits of proposed grounds – undue delay.
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30 September 2024 |
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Applicant granted seven-day enlargement and leave to appeal out of time after showing good and substantial reasons and prima facie merit.
Civil procedure – enlargement of time for appeal – leave to appeal out of time – requirement of good and substantial reasons – prima facie merits of proposed grounds – undue delay – discretionary relief (NBS Bank Ltd v R.J. Hamdani)
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30 September 2024 |
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Application for permission to judicially review a disciplinary recommendation was dismissed as statute-barred under the Act.
Judicial review — statutory limitation under section 96(3) LELPA — 30-day period mandatory and not extendable — permission refused as statute-barred; interim stay/injunction not granted as application dismissed.
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30 September 2024 |
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An assessment of damages is part of the High Court's judgment and cannot be reheard by the same court; appeal and stay are the proper remedies.
Civil procedure — assessment of damages — assessment by Registrar forms part of judgment — assessment cannot be reheard by same High Court — remedy is appeal (stay pending appeal), not rehearing; Order 2 r 3(f), Order 10 r 1; Order 31 r 17 limited to costs review; Third Party Debt proceedings.
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19 September 2024 |
| August 2024 |
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Court set aside party executive’s candidate‑eligibility rules as ultra vires and violative of members’ constitutional political rights.
Constitutional and party law – justiciability of intra‑party disputes – locus standi of party member – ultra vires acts by party executive – limitation of members’ political rights – Section 40 Constitution – Political Parties Act compliance.
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6 August 2024 |
| July 2024 |
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Applicant proved false imprisonment and defamation by the retailer and assault by police, entitling her to damages.
False imprisonment; assault and battery; defamation; shop detention; police misconduct; damages; civil burden and balance of probabilities.
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16 July 2024 |
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Limitation Act does not apply to customary land without proving local customary law; succession governed by Deceased Estates Act.
Customary land — Limitation Act inapplicable without proof of local customary rules; succession to customary land governed by Deceased Estates (Wills, Inheritance and Protection) Act; allocation and long possession as evidence of customary ownership.
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15 July 2024 |
| June 2024 |
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The claimant, a public‑servant officer, successfully challenged as unlawful the President’s appointment of an outsider above retirement age to head Immigration.
Administrative law — Judicial review — Locus standi — Appointment law — Immigration Act (s.3) v Public Service Act — Appointment must be from public service — Mandatory retirement (Public Service Act s.29) — Re‑engagement circular insufficient — Justiciability of statutory appointments.
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6 June 2024 |
| April 2024 |
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Whether claimant proved title to the plot and whether the purchaser was a bona fide purchaser without notice.
Property law — proof of title: municipal offer/receipt and council confirmation as evidence; nemo dat principle; bona fide purchaser for value without notice — duty of due diligence and requirements; authentication of registry extracts and secondary documents.
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24 April 2024 |
| March 2024 |
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Court revoked bail and ordered forfeiture of cash bond and a bonded residential house after respondent absconded.
Criminal procedure – Forfeiture of bonded money or property under section 121(2) – Absconding depositor – Identification of third‑party/matrimonial rights – Registered ownership as basis for forfeiture.
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28 March 2024 |
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Default judgment refused where claimants failed to prove they were police officers, did not comply with statutory pre-action notice, nor exhaust internal Police Service remedies.
Civil procedure – Default judgment – Order 12 rules 6–8 – Evidential sufficiency in ex parte default applications; Government suits – statutory pre-action notice to Attorney General (Civil Procedure (Suits by/against Government) Act s.4; Order 8 r.19); Administrative remedies – Police Service Commission under Police Act; judicial discretion on default judgment and costs.
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25 March 2024 |
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A statutory corporation/local council is not automatically exempt from enforcement under Order 34 rule 4 absent express statutory coverage.
Civil procedure — Order 34 r.4 CPR 2017 — exemption from enforcement; Suits by or against the Government — Civil Procedure (Suits by or against the Government or Public Officers) Act; General Interpretation Act — definition of Government; Statutory corporations and Crown immunities; Third-party debt order — stay application dismissed.
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6 March 2024 |
| January 2024 |
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Widow and children entitled to occupy customary land; Msudzulo cannot lawfully deprive them of inheritance or possession.
Customary law – Msudzulo ceremony – customary practice versus constitutional rights; Inheritance on customary land – Deceased Estates (Wills, Inheritance and Protection) Act – immediate family entitlement; Proof and admissibility – requirement of sworn verification for pleadings; Procedural dismissal of counterclaim.
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17 January 2024 |
| December 2023 |
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Stay pending appeal continued because impecuniosity was not proven and only quantum was under appeal.
Civil procedure – Stay of execution pending appeal – Appeal concerned only quantum – Burden on applicant to prove appeal would be nugatory by demonstrating impecuniosity at time of application – Procedural non-compliance with issuance formalities distinguished where court had previously fixed hearing date.
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15 December 2023 |
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Court awarded two months’ pay per year plus statutory severance, included certain fringe benefits, and ordered refunds and a 10% devaluation boost.
Employment law – unfair dismissal – assessment of compensation – application of s.63(4) and (5) Employment Act – duration of service as primary factor; wages definition – inclusion of fringe benefits (airtime, milk, sugar, fuel, housing) and exclusion of employer pension/medical contributions for severance; mitigation of loss not applied as statutory requirement; failure to lead evidence precludes assessment of salary arrears.
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4 December 2023 |